Changes to Employment Tribunal Procedure – April 2012

Employment tribunal procedure

Deposit orders. The maximum deposit a tribunal will be able to order a party to pay if their claim has little reasonable prospect of success will increase from £500 to £1,000. The change will affect all cases presented on or after 6 April 2012.

Costs awards. The maximum amount of costs an employment tribunal can award (without referring the case to the county court for detailed assessment) will increase from £10,000 to £20,000. The change will affect all cases presented on or after 6 April 2012.

Witness statements. Where witness statements are used, they will stand as evidence in chief and be taken ‘as read’ at the hearing, unless a judge or tribunal directs otherwise. This applies to all cases presented on or after 6 April 2012.

Witness expenses. State funded witness expenses are to be withdrawn. Tribunals will have the power to direct parties to bear the expenses of any witness. The government will withdraw state-funded expenses. The new power will affect claims presented on or after 6 April 2012.

Judges to sit alone on unfair dismissal cases. Unfair dismissal cases will be heard by a judge sitting alone without lay members, unless the judge orders otherwise. This will affect all cases heard on or after 6 April 2012. The government have said that progress on this change will be reviewed after a year.